Mayor de Blasio & law enforcement officials (photo: Edwin J. Torres/ Mayor’s Office)
At a recent hearing, New York City Council members discussed the effectiveness of NYPD responses to “emotionally disturbed person” (EDP) calls, the slow pace of implementation for new NYPD crisis intervention training, and the tragic outcomes of several recent interactions between NYPD officers and emotionally disturbed individuals.
At the hearing, held Sept. 6 jointly by the Council’s Committee on Public Safety and Committee on Mental Health, Developmental Disability, Alcoholism, Substance Abuse and Disability Services, members called for clarity on recent interactions ending in lethal force and stressed their support for the proposed mayoral working group to assess the city’s overall response to individuals in crisis.
The hearing, which received little attention at the time given the city’s primary elections were occurring just six days later, on September 12, occurred in the wake of the deaths of six mentally ill individuals killed by NYPD officers responding to EDP calls over the past 11 months, and just before another such incident would unfold.
The introduction of crisis intervention training at the NYPD in the summer of 2015, a program designed to help officers respond to individuals in the midst of such crises, was intended to better equip officers to handle such circumstances without use of force, but has been rolled out slowly due to class size requirements and competing training demands. Of the department’s approximately 34,000 officers, fewer than 6,400 had been trained at the time of the hearing, according to NYPD Deputy Commissioner for Collaborative Policing Susan Herman.
While there is increased scrutiny of how the NYPD handles EDP calls and its deadly encounters with individuals in crisis, some also believe that reforms must be put into place whereby NYPD officers are not the first ones at such scenes; that unarmed counselors, social workers, and mental health professionals are better suited to diffuse EDP situations.
In the July shooting of Dwayne Jeune, an emotionally disturbed Brooklyn man, Jeune charged cops with a bread knife and was shot after a Taser shock appeared to have little effect. Three of the four patrol officers on the scene had participated in CIT while the fourth, the only one lacking a CIT background, was the one to fire, according to the department. In instances of EDP calls, supervisors must make the decision to call the Emergency Service Unit (ESU), whose members complete Emergency Psychological Technician’s training and are equipped to identify and interact with those suffering from mental illnesses. Jeune’s situation was characterized as nonviolent and ESU was not brought in.
Council members and a family member of Jeune questioned whether CIT officers should be given control when responding to EDP calls.
Herman pointed to a department preference for an officer who develops rapport with an individual to take control of the response. “It’s great to have a CIT trained officer and we want to train everyone, but we’re not at the point where we’re saying whoever is CIT trained commands the situation,” she said.
Council members also stressed a desire to see officers trained at a faster clip. The NYPD is presently training 90 officers a week; dividing training into classes of lieutenants, supervisors, and patrol officers. Based loosely on a model developed by the Memphis Police Department and in conjunction with the city Department of Health and Mental Hygiene, the program requires a class maximum of 30, which plays a primary role in the department’s delayed implementation. The department expects to train all supervisors and lieutenants by 2018, at which point it will return to training recruits.
Herman also noted the Memphis model’s stipulation that training 25 to 30 percent of the force will allow other patrol officers to learn through experience and observation. Council Member Vanessa Gibson, chair of the public safety committee, interjected, reiterating the city’s desire to move beyond the Memphis baseline. “In a city of such great diversity and challenge, that’s a bare minimum for us,” Gibson said.
The officer who shot and killed Jeune was involved in a similar shooting in October of last year, when a bipolar man lunged at officers with a knife, according to the NYPD. Council members grilled Herman on the department’s policy for re-evaluating the training needs of officers with a history of force used during EDP calls. “It seems to me if there is an officer who was involved in an EDP that ended in deadly force, that might be a prompt to get them CIT training so that won’t happen again,” said Council Member Jumaane Williams.
Herman pointed to the overall low number of use of force instances, citing a 1 percent rate for use of any level of force during the 150,000 EDP calls the NYPD receives each year. This total of 15,000 instances includes use of force cases ranging from wrestling the individual to the ground to the use of a Taser, as well as shootings. The deputy commissioner cited the NYPD’s general policy for reviewing use of force, but did not specifically reference department policy in cases specific to EDP calls. “After any use of lethal force or shooting, there’s a very comprehensive review,” said Herman. “When an officer needs instruction on tactics, they get that.”
The New York City Patrolmen’s Benevolent Association (PBA), the union representing more than 20,000 patrol officers, declined to comment on the hearing when Gotham Gazette inquired. The Lieutenant’s Benevolent Association and Sergeant’s Benevolent Association did not respond to requests for comment. None of the unions sent representatives to testify at the hearing.
For some advocates, the discussion of how to improve NYPD responses to mental health crises has ignored the larger issue at hand. “I don’t want to try to fine tune a police response, I want to end it,” said Alex Vitale, professor of sociology at Brooklyn College and senior adviser to the Police Reform Organizing Project (PROP), in an interview. “The city has to be willing to pay for mental health services instead of police services.”
To this end, City Council members sought answers on how to assist individuals displaying escalating levels of violence before reaching a situation in which an EDP call is necessary.
One such answer are the co-response teams established under the mayor’s “NYC Safe” program, intended to reach mentally ill individuals and those with substance abuse issues before they enter a mental health crisis. The program provides ongoing treatment and support to individuals identified as displaying increasing levels of violence by a number of sources including government agencies, community-based health care providers, and precinct commanding officers.
“This is somebody who’s on someone’s radar because their actions were calling out to us. It’s not just somebody who’s off their meds, it’s somebody who’s maybe in a shelter, who one week has loudly cursed at someone and another week has thrown a chair,” said Deputy Commissioner Herman.
Critics have pointed out that there are still far too many individuals on the streets of the city in mental health or substance abuse crises who are not getting the help they need or being moved into care facilities, which often necessitates the use of Kendra’s Law, legislation that provides court-ordered assisted outpatient treatment for those whose mental illnesses.
A critical component of the city’s ongoing partnership between law enforcement officers and health care providers are two diversion centers, offering stabilizing services for those with mental illnesses and substance abuse issues that otherwise would have been arrested on low-level charges. Two such centers will likely be operating by the end of 2018 and will house 2,500 individuals per year, according to Dr. Gary Belkin, executive deputy commissioner of mental hygiene at the city’s Department of Health and Mental Hygiene (DOHMH), who testified at the Council hearing.
For advocates, however, this timeline falls short of addressing the city’s needs. “When we hear that the drop-in centers are not going to be available until the end of 2018, that’s not an acceptable response for the City of New York,” said Joshua Goldfein, an attorney for The Legal Aid Society, which often represents individuals unable to afford attorneys, at the hearing.
Hours after the City Council Hearing concluded on September 6, officers fatally shot a mentally ill Bronx man when responding to a call for a “wellness check” from the landlord. The man, Miguel Richards, ignored orders to drop a knife and gun, later found to be a toy gun. The ESU unit had arrived by the time of the shooting, but had not yet entered the apartment.
In the eyes of Carla Rabinowitz, advocacy coordinator for Community Access, the officers’ repeated shouts of “Put that knife down” and “What’s in your other hand?” pointed to a failure to engage on the part of officers not trained in CIT. “The incident is just calling out for more CIT officers,” said Rabinowitz. “You can’t shout commands at a person in emotional distress, you need other solutions.”
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by Grace Dixon for Gotham Gazette
@GothamGazette>
(IE mailer on behalf of Francisco Moya by the hotel workers union)
In 2013, independent expenditures by shadowy groups became a dominant talking point around the city’s elections that year. Large spending in races up and down the ballot led to legal changes post-election, but candidates that year benefitted from -- and were hurt by -- large sums of campaign money from groups forbidden from coordinating with their campaigns, but with clear stakes in the outcomes of the elections.
In 2013, independent groups tied to big real estate, charter schools, and other special interests spent almost $16 million on the city’s elections, with $8 million alone going to the wide open mayor’s race and $6 million spent in City Council races.
This year, with new laws in place that increase transparency and a far lower profile election, a far smaller number of independent expenditures, or IEs, have been spent, mostly slipping under the broader radar of political watchers. As of the latest filings with the Campaign Finance Board on September 22, in this year’s elections, independent groups have spent $1.2 million on city elections, about 7.5% of what was spent in 2013.
In further contrast to 2013, this year, IEs in City Council races, where some primary races were highly competitive, were higher than IEs in the mayoral primary, where Mayor Bill de Blasio has been seen as a heavy favorite all along, more so since evading an indictment for public corruption in March.
With the city elections now beyond the primaries and into the general election, there are few competitive races or races where independent expenditures may see room to influence an outcome.
Independent spenders file as either in support of a candidate, against a candidate, or for or against on an issue.
In 2013, then-Public Advocate de Blasio benefitted from $642,233 in IEs from various groups in his successful election to the mayoralty. This year, the mayor has benefitted from $61,309 in IEs, all from one funding source: 32BJ SEIU, one of the city’s largest unions. Most of this money from 32BJ, which represents building workers, was spent on promoting de Blasio’s candidacy in tandem with candidates for other offices, such as campaign literature featuring both the mayor and the particular candidate, often for City Council. The union’s total spending on behalf of the mayor alone was just $5,831.
The Transport Workers Union and venture capitalist and consultant Bradley Tusk spent $205,181 in opposition to the mayor through September 22; $71,156 of it by Tusk very early in the cycle when he was bashing the mayor and trying to recruit a strong challenger, a mission he eventually abandoned.
The single largest independent spender in this election cycle through Sept. 22 was Hotel Workers for Stronger Communities, the political arm of the Hotel Trades Council, the hotel and casino workers’ union. Through September 22, the group spent $400,976 on six competitive City Council races; all six candidates the group backed were successful on primary day. More than half of that money was spent on behalf of two candidates: incumbent Democrat Laurie Cumbo of District 35, who was the beneficiary of $122,465, and Keith Powers, the winner of a crowded, “open” Council primary in District 4, who was the beneficiary of $110,988. The rest of the spending was on behalf of Carlina Rivera in District 2, Assemblymember Francisco Moya in District 21, Adrienne Adams in District 28, and Alicka Ampry-Samuel in District 41. All four of these candidates won their primaries in “open” seats where the current officeholder is term-limited or, in once case, the seat was already vacant due to the recent corruption conviction of Ruben Wills.
The second largest independent spender this year has been NYCLASS Animal Protection, a major player in 2013 when de Blasio promised to ban horse-drawn carriages around Central Park. Although de Blasio did not fulfill this promise, the group did not spend in opposition to the mayor or spend on behalf of one of his primary opponents this year. Rather, the group, like the hotel union, focused on City Council races, with all six candidates it backed emerging victorious on primary night. The candidates included Cumbo, Moya, and Powers, as well as Justin Brannan from District 43, Helen Rosenthal from District 6, and Paul Vallone from District 19.
Also spending is the Patrolmen’s Benevolent Association, the union which represents uniformed police officers. As with the other groups, for the primaries the PBA avoided spending on the mayor’s race and focused on the City Council. On behalf of Moya, Mark Gjonaj of District 13, and Peter Koo of District 20, the PBA spent $28,900 each; all three were successful. The PBA also spent $41,628 on behalf of Assemblymember Robert Rodriguez in District 8, who narrowly lost to Diana Ayala. Ayala had the backing of that seat’s term-limited incumbent, Council Speaker Melissa Mark-Viverito.
The New York City Central Labor Council’s (CLC) PAC has spent a total of $81,540 on two City Council races. Moya benefitted from $32,253 in IEs, while Marvin Holland, who unsuccessfully challenged Bill Perkins in District 9, was the beneficiary of $49,286 in spending.
Planned Parenthood NYC Votes spent $3,500 on behalf of Moya, who defeated convicted domestic abuser Hiram Monserrate, and also spent on behalf of three unsuccessful candidates: $3,500 for Amanda Farias in District 18, $9,000 for Randy Abreu in District 14, and $13,795 for Marjorie Velazquez in District 13.
Among Council candidates, Moya won the race to replace Julissa Ferreras-Copeland, who is not seeking reelection, was the largest beneficiary of IEs in the primaries this year: $195,757 in total. Trailing Moya was Powers, who won the Democratic primary to succeed Dan Garodnick and has benefitted from $163,463 in IEs. In third is Cumbo, who beat back a tough primary challenge from Ede Fox in Brooklyn’s District 35; Cumbo benefitted from $146,941 in IEs.
Some of the largest 2013 indepdent spenders -- the Real Estate Board of New York and charter school backers aligned with StudentsFirstNY -- have not been involved in the 2017, yet.
Unopposed in the primary, Republican mayoral nominee Nicole Malliotakis was not the beneficiary of any IEs in the primary as of the September 22 filing date. Neither was independent Bo Dietl. With the mayor’s race now into the general election, Malliotakis may be a prime candidate as a beneficiary of IEs going forward, if any GOP-aligned or anti-de Blasio interest decides to spend heading toward November 7.
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by Ben Brachfeld, Gotham Gazette
@GothamGazette
Bo Dietl (photo: @BoDietl)
Six weeks from now, on November 7, New Yorkers will head to the polls to decide whether to renew the contract of Mayor Bill de Blasio, or if they want new leadership from one of the incumbent Democrat’s opponents in the general election.
The latest mayoral race poll, from NBC 4 New York/Marist, was released on September 19 and shows de Blasio well ahead of his main challengers -- Republican nominee Nicole Malliotakis and independent candidate Bo Dietl. De Blasio received 65 percent from likely voters, including undecided ones, while Malliotakis received 18 percent and Dietl 8 percent. Sal Albanese, a former City Council member and lost by a wide margin to de Blasio in the Democratic primary, will also be on the ballot on the Reform Party line, but he was not included in the poll. Michael Tolkin, another runner-up to de Blasio in the primary, has also created a separate general election ballot line called “Smart Cities,” while several other candidates will also be on the November ballot, such as Green Party mayoral nominee Akeem Browder.
Coming out of primary day with a massive win, securing 74.2 percent of the vote, de Blasio continues to hold a strong fundraising advantage, and his spending on an extensive ground game and media campaign has overshadowed his opponents. The most recent campaign finance filings, covering the period between August 29 and September 18, show the mayor raising campaign cash at a comfortable clip, with a majority of contributions under $175, which qualify to be matched at a 6-to-1 ratio under the Campaign Finance Board’s public matching funds program.
De Blasio raised just over $272,000 in this last filing period, and his campaign expects that to reach $400,000 with the second round of payouts of public matching funds. This period also coincided with the rollout of a massive ad buy for his campaign, resulting in more than $3 million in expenditures. Of that expenditure, $2.51 million went to airing television ads and $175,000 to digital ads. Overall, the mayor has raised $5.25 million, and received $2.86 million in public matching funds before the September 12 primary. Having spent $5.78 million so far, he has about $2.34 million in cash on hand, with new public money expected soon.
“Our campaign’s grassroots fundraising has only picked up the pace since our strong showing on Primary Day,” said Rick Fromberg, de Blasio’s campaign manager, in a statement that also touted the mayor’s first-term record on crime, affordable housing, and pre-kindergarten.
Malliotakis, a state Assemblymember who represents parts of Staten Island and a sliver of Brooklyn, has also stepped up her fundraising, coming close to de Blasio in this last period with $241,000 in contributions. She spent nearly $300,000 in the same period, of which about $200,000 went to television ads. Malliotakis has struggled to garner name recognition outside of her home borough of Staten Island, with 49 percent of likely voters in the NBC 4 New York/Marist Poll saying they had never heard of her and 17 percent saying they were unsure of how to rate her.
Her campaign has not taken off in terms of fundraising, but it is buoyed by having hit the threshold for public matching funds, and is expecting a $1.6 million payout from the CFB later this week. By qualifying for the funds, “we open a whole new chapter in my campaign to retire Bill de Blasio,” Malliotakis said in a statement. “New Yorkers understand that Bill de Blasio has failed New York City and its residents, that’s why we are receiving the donations needed to turn this race into a competitive election.”
In total, Malliotakis has raised more than $734,412 and spent $571,462, leaving her just $162,950 in her campaign account without public funds. She also surpassed the dual thresholds of campaign expenditure and spending and required poll numbers to face de Blasio on the stage for two official CFB-sponsored debates ahead of the general election. The first is scheduled for Tuesday, October 10, just two weeks from now.
Dietl, the Trump-like former NYPD detective who runs his own private investigation firm, raised just under $20,000 in the last filing period and spent about $80,000. Unlike the other candidates, Dietl did not purchase any ads and has largely relied on social media to get his message out. He has raised just over $1 million overall (including $100,000 from a personal loan he gave his campaign) and spent a little more than $800,000, leaving him with $208,898. He is not participating in the public matching program, so he will not receive any additional funds through the Campaign Finance Board.
Albanese’s campaign has been a small-dollar affair throughout. In the last filing period, he raised just $6,360 and spent $4,424. Much of Albanese’s campaign cash was depleted last month when he made big expenditures to qualify for the Democratic primary debates. Since he joined the race, he has managed to raise $214,141 and has spent $190,081, leaving $24,060 in his coffers.
There are more than a dozen other candidates also running for mayor. Tolkin raised about $234,000 in contributions and spent about $192,000 in his latest filing. Tolkin’s filings also show $5.4 million in total fundraising and expenditures but a majority of that falls under “in-kind” contributions, in the form of services and branded merchandising that Tolkin claimed for his campaign.
The Green Party’s Akeem Browder, brother of Kalief Browder -- the young Bronx man who was imprisoned on Rikers Island for three years on charges of stealing a backpack that were later dropped, beaten and put in solitary confinement, and later committed suicide after being released. Browder, who has criticized de Blasio’s ten-year timeline for closing the scandal-ridden Rikers jail complex, has raised $1,887 and spent just $100.
Libertarian candidate Aaron Commey has raised $2,001 and spent $1,111.
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by Samar Khurshid, senior reporter, Gotham Gazette
@samarkhurshid @GothamGazette